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07/02/2024 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 2, 2024 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Supina A regular Eagan City Council meeting was held on Tuesday, July 2, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Supina. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher, and City Planner Schultz. II.ADOPT AGENDA Councilmember Hansen moved, Councilmember Supina seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0. Motion carried. III.RECOGNITIONS AND PRESENTATIONS IV.CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Mayor Maguire shared comments thanking Gopher Resources and Rotary Kickstart for their donations to the Eagan Fire Department. Director Matthys responded to a question from Mayor Maguire about the Sperry Tower, noting he expects the repairs to be done by December of this year. Aye: 5, Nay: 0. Motion carried. 1.Item pulled from the agenda. 2.Personnel Items: 1.It was recommended to accept the resignation of Brent Massmann, Utility Maintenance Supervisor and authorize replacement. 2.It was recommended to approve the lateral transfer of Nick Hicks from Police Cadet to Pathways to Policing and authorize replacement. 3.It was recommended to approve the hiring of Derek Nord, Pathways to Policing. 4.It was recommended to approve the hiring of Erik Collins, Pathways to Policing. 5.It was recommended to approve the hiring of Chase Thomas, Pathways to Policing. 6.It was recommended to approve the promotion of Thomas Rishel from Utility Maintenance Worker to Assistant Utility Operations Supervisor and authorize replacement. 7.It was recommended to approve the resolution authorizing Attorney William Laak to sign settlement agreements on behalf of the City Council. 8.It was recommended to approve the hiring of the following part-time recurring and seasonal employees: Rodney WardPT Custodian I 3.It was recommended to ratify the check registers dated June 14 and June 21. 4.It was recommended to approve the following ordinary and customary contracts: City Council Meeting Minutes July 2, 2024 Page 2 1. Vendor Service Agreement with Peter Carlin for entertainment for Spark! Puppet Showin the Park on Thursday, July 11, 2024 2.Agreement to Provide Eagan Art House workshop for Dakota County Library, Galaxie location 3. Sponsorship Agreement with Primrose School of Eagan for Halloween Trail Walk 2024 4. Sponsorship Agreement with AT&T for Eagan Food Truck Festival and Eagan MarketFest 5. Sponsorship Agreement with All Energy Solar for Eagan Market Fest on July 17, 2024and September 11, 2024 and the Eagan Food Truck Festival on August 9, 2024 6. Agreement with Hennepin Technical College for customized police training in the Pathways to Policing Cadet Program 5. It was recommended to adopt a resolution accepting the following donations: 1. $3,000 from the Eagan Kick-Start Rotary for the purchase of a vehicle fire blanket for the Fire Department to use for electric vehicle fires 2. $10,000 from Gopher Resources for the Fire Department in appreciation of their services 6. It was recommended to receive Bids for Work Scope Packages 9A, 6E, and 6D for Goat Hill Phase 3 Improvements (City Project 1557) and authorize the Mayor and City Clerk to execute all related contracts and documents. 7. It was recommended to approve the 2024-2025 Sustainable Eagan Advisory Commission Work PlanIt was recommended to approve a Request for Proposals for Legal Services. 8. It was recommended to approve Change Order No. 1 for Contract 24-15 (Northeast Eagan - Sanitary Sewer Upsize, Phase 1) and authorize the Mayor and City Clerk to execute all related documents. 9. It was recommended to approve a Joint Powers Agreement between Dakota County Transportation Department and the City of Eagan for Yankee Doodle Road (County State Aid Highway (CSAH) 28)/ Elrene Road/ Mike Collins Drive - Intersection, Roadway and Traffic Signal Improvements and authorize the Mayor and City Clerk to execute all related documents. 10. It was recommended to approve an Encroachment Agreement for Lot 4, Block 3 Dodd View Addition (675 Farm Road). 11. It was recommended to receive the bids for Contract 24-17 (Sperry Tower Lighting System Replacement) and award a contract to Vinco, Inc. for the base bid in the amount of $498,332.00 and authorize the Mayor and City Clerk to execute all related documents. 12. It was recommended to approve a Water Efficiency Grant Agreement with the Metropolitan Council to provide funding for the City’s water conservation rebate program and authorize the Mayor and City Clerk to execute all related documents. 13. It was recommended to approve Change Order No. 1 for Contract 24-08 (2024 Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. 14. It was recommended to approve a Premises Permit and adopt a resolution approving Sibley Hockey Booster Club, Inc to conduct lawful gambling at Sodere Ethiopian Restaurant and Bar located at 1960 Cliff Rd. City Council Meeting Minutes July 2, 2024 Page 3 V. PUBLIC HEARINGS VARIANCE - 4897 Royale Trail / Jane Shew Lenz City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Planner Schultz provided a staff report and noted the replacement of the existing concrete stoop with a larger concrete stoop and front entry portico. Schultz noted the addition would encroach approximately 4 feet into the required 30-foot front yard setback. The applicant was present for questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance of four feet to the required 30-foot front-yard setback to construct a front entry portico for property located at 4897 Royale Trail, subject to conditions of the staff report. Aye: 5, Nay: 0. Motion carried. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be obtained prior to construction. VI. OLD BUSINESS VII. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Sam’s Club / Johnna Domino, Core States Group / 3035 Denmark Avenue City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Planner Schultz provided a staff report, noting the project involves expansion of the fueling facility with the addition of 2 gasoline pumps and the expansion of the fueling canopy, which would encroach into the required setback for I-35E. Schultz explained the proposal includes modifications to the entrance to create a designated lane for gasoline customers providing a separate bypass lane, a new entry would be created to allow customers to directly enter the parking lot for the retail store. The design is intended to improve traffic flow on the site and relieve periodic backups into the public right-of-way. The applicant was present for questions. Councilmembers requested clarification on the proposed improvements at the entrance. The applicant responded to how the traffic lanes would function. The Mayor called for members of the public to comment on the item. Hearing none the Mayor returned the conversation to Council for additional discussion and motion. Councilmember Hansen moved, Councilmember Supina seconded a motion to approve a Planned Development Amendment to allow an expansion of the fueling station and modifications to the entrance of the site on property located at 3035 Denmark Avenue, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. City Council Meeting Minutes July 2, 2024 Page 4 City Planner Schultz responded to a question from Councilmember Fields about this layout, noting the additional 2 pumps should decrease the queue lengths. The Mayor called for a vote. Aye: 5, Nay: 0. Motion carried. 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits are necessary for the agreement: a. Final Site Plan b. Final Canopy Architectural Plan (remove digital price on west elevation) c. Final Grading Plan d. Final Landscape Plan 2. A building permit is required prior to construction of the fueling station expansion. 3. All signs shall be subject to City Sign Code standards. 4. A Sign Permit is required prior to sign installation. 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to issuance of a building permit. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the installation and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. 9. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention Requirements (City Code Section 4.34) for stormwater management, including land disturbance requirements (4.34 E.) and oil/grease control requirements (4.34 G.), including effective soil remediation for all of the site’s disturbed soils that are to be revegetated greenspace. 10. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet BMP Quantity Tables. Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify City Council Meeting Minutes July 2, 2024 Page 5 approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. Detail shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E800. 11. The applicant shall install and maintain effective catch-basin insert filter(s) meeting City standards, in the existing catch-basins in the drainage area of the fueling facility, along with the installation and maintenance of effective oil-absorbent materials. City Water Resources staff will re-evaluate after one-year of operation to determine if the oil-absorbing materials within the catch-basin insert filters continue to be needed. 12. The applicant shall include an inspection/maintenance schedule (of an appropriate recurring frequency and after 0.5-inch rain events or greater) and other details for ensuring effective operation of the catch-basin insert filters for pollutant/oil-capture. Details shall be included in applicable plan sheet(s). 13. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the private stormwater management system pollutant containment practices and measures, related to the fueling area, in a form acceptable to the City Attorney. 14. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 15. Appropriate traffic control devices shall be installed and maintained during construction. These devices include but are not limited to barricades, signs, and cones. 16. The applicant shall enter into an encroachment agreement for the canopy overhanging an easement, in a form acceptable to the City Attorney. 17. The applicant shall work with city staff to submit a landscape plan for review and approval to re- establish landscaping and replace removed trees no later than September 1, 2024. The landscape plan shall be implemented within one year, corresponding with the approval date of the Planned Development Amendment. 18. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 19. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. City Council Meeting Minutes July 2, 2024 Page 6 COMPREHENSIVE GUIDE PLAN AMENDMENT – 21st Century Bank / Tom Dolphin, 21st Century Bank City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a location map and staff report. Schultz noted the applicant is seeking to change the land use designation from Low Density (LD) residential to Office/Service (O/S) for development of a bank with a drive-through. The concept plan shows a 3,100 square foot building with access from Heritage Lane. The applicant, John Dolphin, was present and addressed the Council. City Planner Schultz responded to a question from Councilmember Bakken regarding whether the property would need to be re-platted. City Planner Schultz stated it would be staff’s recommendation to re-plat the property to clean up the platting configuration and previously vacated right-of-way. Public Works Director Matthys responded to a question from Mayor Maguire about traffic counts and confirmed the road is designed to handle those traffic levels. The Mayor called for members of the public to comment on the item. Wanda Gorell, 3350 Heritage Lane, expressed concerns about traffic around the site adding that she has experienced large groups of cyclists come up from Blackhawk on Blue Cross Road \[using Heritage Lane to cut through neighborhood\]. The proximity of group homes to the site is also a concern related to pedestrian safety. She also inquired about the number of visitors at the Lilydale location and how it would compare to the proposed location. The applicant responded to the question from Ms. Gorell, stating that two locations would be combined into one: The Burnsville office currently does not process any transactions, and the Lilydale office takes less than 10 transactions per day. Director Matthys responded to the second question from Ms. Gorell regarding anticipated trail connections near this site, stating there would likely be too few users to justify a sidewalk on this site. Councilmember Supina raised a question of staff whether there is an encroachment of the neighboring site driveway on the site. City Planner Schultz responded this could be addressed between the two parties, possibly through an easement. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment (or direct preparation of Findings of Fact for Denial) to change the land use designation from Low Density (LD) to Office/Service (O/S) upon approximately 1.53 acres located north of Yankee Doodle Road at Heritage Lane. Aye: 5, Nay: 0. Motion carried. VARIANCE AND CONDITIONAL USE PERMIT - Rise Baking Company / Colin Buddecke, Rise Baking Company / 1765 Yankee Doodle Road City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Council Meeting Minutes July 2, 2024 Page 7 City Planner Schultz provided a staff report and location map. Schultz noted the applicant is seeking a Conditional Use Permit and Variance to allow for the addition of three storage silos along with an outbuilding to house mechanical equipment. The applicant, Colin Buddecke, was present and addressed the Council. He noted the additional silos would allow the site to begin producing frozen cookie dough in addition to the current items produced on site. Mr. Buddecke responded to a question from Council and confirmed the two existing silos are meeting current regulatory standards. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of three vertical ingredient storage silos upon property located at 1765 Yankee Doodle Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval. 2. This Conditional Use Permit allows the outdoor storage of three vertical ingredient storage silos in addition to two existing storage silos as shown on the approved Site Plan dated May 3, 2024. 3. This Conditional Use Permit terminates and replaces the Conditional Use Permit recorded with the Dakota County Recorder on May 12, 2005, as Document No. 2321263. 4. The silos and equipment building shall be painted to match the existing building. 5. Three evergreen trees shall be planted along Yankee Doodle Road to fill in gaps where previously landscaped trees were removed and restore screening of the parking lot and the proposed and existing silos. Councilmember Hansen moved, Councilmember Supina seconded a motion to approve (or direct preparation of Findings of Fact for Denial) a Variance for the structures to exceed the maximum 40-foot height limit to install storage silos with dust collectors on top upon property located at 1765 Yankee Doodle Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. This Variance allows three new ingredient storage silos with dust collector on top totaling 41 feet in height, as shown on the Site Plan dated May 3, 2024, in addition to the two existing storage silos with dust collector on top totaling 48 feet in height. CONDITIONAL USE PERMIT - River Valley Church / Ben Krsnak, Hempel Real Estate / 1646 Diffley Road City Council Meeting Minutes July 2, 2024 Page 8 City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. City Planner Schultz provided a staff report and location map. Schultz noted River Valley Church is seeking a Conditional Use Permit for a proposal to relocate from their existing Eagan location and convert the former Kowalski’s grocery store to a church with a capacity of approximately 400 people. River Valley Church is currently located at 875 Blue Gentian Road. Schultz noted City Council’s previous determination that a church is a similar land use to other conditional uses within the NB zoning district. City Planner Schultz noted no site modifications are proposed and conditions of approval address current site conditions pertaining to a gap in the sidewalk and revitalization of landscaping, specifically the screening along the south side of the property at the request of a neighboring property owner. The applicant, Ben Krsnak, was present and addressed the Council. Mayor Maguire invited City Attorney Bauer to provide some comments regarding Federal legislation relating to this proposal. City Attorney Bauer stated that under the Religious Land Use and Institutionalized Persons Act the City is prohibited from creating unreasonable conditions for churches, as practicing religion is a federally protected activity. Councilmember Bakken inquired whether this proposal was an opportunity to consolidate CUPs into a single CUP, or whether there are existing IUPs on the property. City Planner Schultz responded that the CUPs were only relevant to the plans provided. In the case of this proposal, if the church sought to expand beyond 400 seats in the future, they would need to seek an amendment to the CUP. Mr. Krsnak later clarified the CUP for the pylon sign is for the entire shopping center. Councilmember Fields inquired whether the church was tax-exempt. City Attorney Bauer responded that yes, they could be exempt if they meet the qualifications under 501c(3). In this instance, the church is not the property owner, they are leasing the property. Given the commercial component of the site, City Attorney Bauer stated he believes an application for tax-exempt status would be problematic. City Attorney responded to a question from Mayor Maguire, stating that any condition attempting to prevent the church from becoming an owner of the site would be an onerous burden. The Mayor opined that none of the concerns received from residents, including criticism of the church’s stance on social issues and market saturation of religious uses present a defensible reason to deny the proposal. The Mayor called for members of the public to comment on the proposed conditional use permit. Susan Dahl, Eagan resident, addressed the Council regarding the petition opposing the proposal, which has around 140 signatures from residents. Aaron Thom, Eagan resident and pastor at River Valley Church, addressed the Council and thanked them for hearing the proposal and stated he was passionate about the community. Councilmember Fields moved, Councilmember Supina seconded a motion to approve a Conditional Use City Council Meeting Minutes July 2, 2024 Page 9 Permit to allow a 400-person capacity church upon property located at 1646 Diffley Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. City Planner Schultz responded to a question from Councilmember Bakken that the church would be permitted to continue using the existing pylon sign on the property, which he understood would be fitted with a new faceplate. Mayor Maguire stated that he would be voting in favor of the proposal on the basis that the City has no legal standing to deny the proposal. The mayor added he was supportive of the conditions to improve the landscaping and looked forward to the continuation of the coffee shop on the site. Councilmember Fields expressed she hoped the property owner would work with the neighbors on the screening and landscaping. Councilmember Hansen stated many concerns were received from residents and added that philosophically he had some concerns. While the proposal would likely receive a majority of votes, he added it did not need to be unanimous and that he would be voting no. Mayor Maguire called for a vote. Aye: 4, Nay: 1 (Hansen). Motion carried. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Building Permit shall be obtained for any tenant buildout. 3. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. 4. The property owner shall submit a Planting Plan to replace the dead trees and revitalize landscaping on site, including the approved April 2003 Berm landscaping plan, suitable to the City Forester, no later than September 1, 2024. The planting plan shall be implemented within one year, corresponding with the approval date of the CUP. 5. The property owner shall install a missing sidewalk panel to connect the existing sidewalk on the east side of the property to the sidewalk leading to Johnny Cake Ridge Road. The sidewalk panel installation shall occur no later than October 1, 2024. VIII. OTHER BUSINESS IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD City Council Meeting Minutes July 2, 2024 Page 10 XIII.ADJOURNMENT CouncilmemberHansenmoved, CouncilmemberSupinaseconded a motion to adjourn. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:11pm August 5, 2024 ______________________ Date ______________________ Mayor ______________________ City Clerk